Shooting illegal birds

[ironman]

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If you accidentally kill someone because you didn't see them in a crosswalk are you guilty of killing someone. Ignorance is not a legal defense in this country, unless you are so stupid you don't know right from wrong. And if that is the case I hope your gun is taken away. I agree mistakes happen and yes killing a swan is not the same as running a person over, but it is just as illegal. Obviously each person has to make a decision if or when they do accidentally do commit a crime. Some will own up to it, others will hide it, and the sick ones will profess that no crime was ever committed even when caught red handed.

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By this logic, any crime whether it be running someone down with your car or accidently shooting a swan should result in the death penalty if your state has one. They are both crimes right? I wasn't trying to defend someone who mistakes a swan for a goose...I personally thing that's a pretty dumb mistake too, but I witnessed someone almost make that mistake. And had I not have been there to wave them off they might have. The point I was trying to make is that we already have laws and penalties in place for when this occurs, and its a pretty hefty fine. What I dont agree with is the extreme knee jerk, self promoting, overreactionary judgements. They should never hunt again or take their gun away, we already have a penalty and if the monetary fine isnt enough they are probably shooting them on purpose and thats something all together different.

[Rippinlip]

I know this all got started with the discussion about Swans and geese, but what about the person that accidently shoots an extra hen Mallard by mistake, or hits 2 woodies when they already have one in poession.

Is this person less of a hunter for the fact.

Why shouldn't this person(s) get a major penalty for these actions.

I am not saying the person(s) that mistook the swan for a goose is right, but we all have to take a look at ourselves and say "what if". I agree to the post earlier that stated let the law run its course, this is why we have consequences for wrong-doings in life.

Be it that it is hunting, fishing, driving or ?.

[Kodiak]

shouldnt be out there if you dont know what you are shooting...know your limits and your birds. no excuses.

[The_Duckslayer]

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shouldnt be out there if you dont know what you are shooting...know your limits and your birds. no excuses.

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Hard as this may be to believe I have shot on an ocasion over my limit. I was one duck short and was shooting at the last one that I needed when just as I pulled the trigger another came into view but to late... got a two-fer, whinch normally I would be dang proud of. I put that extra duck in the bag and figured that I would explain what happened to the CO if I got stopped. If I got a ticket then so be it at least I did not kill something and leave it out there to rot. That was my take on it anyway. Only happened the one time though and I "got away" with it. Shooting a swan though is a lot different! If you are that clueless about bird ID you do not belong out in the marsh! Have a good one and N Joy the Hunt././Jimbo

[burl]

If it was the individuals that were hunting on linwood lake

the pot that was found stashed in his gun may have contributed to the reason for shooting the wrong birds.There was an article in the outdoor news about it.It scary to think how many stoned or intoxicated hunters ther may be around you.Burl.

[Abrams]

Remind me not to hunt Linwood lake in the future.

[Guest]

I dare not comment much here.

I am simply going to state.. anyone is capable of a mistake. The more experienced hunters, its far less chance to make a simple mistake, but it can happen, and it will happen to some.

Duck hunting can be confusing. Some of us can identify just about anything at a long distance.. others figure out what it is after they shoot it(not good). Divers can be the most confusing of all in flight, especially the hens. Many of us try not to shoot hens, bt if thats all thats flying, or I will be happier with another bird in my bag that day... BANG.

Some ducks are obvious, other ducks are more difficult.. especially in low light. If your on a good multi specie puddler shoot and wigeons and gadwalls are making it into the bag with a mix of everything else.. its really difficult to identify a hen pintail, they look a lot like a hen woody in flight if theyre not 20' from you.

Anyone an make a mistake. Most of the time we dont have to make difficult decisions, but most experienced hunters are capable of making a identity mistake... most of the time it wont make a difference, but sometime or another it could make a difference dropping that hen if you already got a pintail that day.

Its easy to point fingers at others saying mistakes are possible. None of us are perfect... and we never will be. But that shouldnt stop us from doing our best to know exactly what we are shooting at all times.

ALL of us who have duck hunted for a period of time have dropped a duck and learned later it was a different duck than we thought we were shooting at! Like that hen mallard that turned out to be an eclipse drake mallard, or hen shoveler! Or thought they were scaup and turned out to be a golden eye or ring bill.

It happens.

Throw stones at me all you want. It isnt often I will misidentify a bird, others on this site can vouch for that.. but it happens.

[jigging-matt]

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I understand what you guys are saying, that there is no excuse....but imagine you're 75 or even 80 years old, your eyesight isn't what it used to be, it just turned shooting time, it's overcast, you see the slihouette of what appears to be a goose coming by low over the water and you haven't seen a swan in your area for years, perhaps ever....it's a perfect menu for making a mistake. Mistakes happen...we're all human. We can't say that we'll never ever make a mistake....the best we can do is try and prevent them from occurring.

Here's a real zinger for everybody....if you by chance did make the mistake of shooting a swan...would you turn yourself in as quickly as you'd turn someone else in? Knowing you'll pay for it dearly?

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That theory works a little better at waterfowl hunting, but what about the old man a few years ago that shot a horse (with a young girl on it) mistaking it for a deer. Being in a law enforcement field, you always need to know your target and even what is behind/beyond it. Granted anyone can make a mistake, but how would you feel if for the most part the mistake is avoidable. I agree with the majority here know what you are shooting or don't shoot.

[eyepatrol]

Well I agree, know what you're shooting at. That's the obvious part. I somewhat figured I'd get ripped for writing that post by a number of people, but I simply wanted people to look at the other side of the coin too. Play devil's advocate. Sometimes we all see our own points of view and don't bother to consider others. Mistakes can happen and do happen. It's human nature. I've hunted plenty long enough to identify swans, cans, and other ducks while in flight. 10 times out of 10 I'm the one whispering to my hunting partners what the ducks are that are circling our spread. I won't be shooting a swan, that's for certain...like many have said, for the experienced hunter, it's plain as spades to tell what a swan is. And, hopefully, people will practice patience and have certain reservations before they pull the trigger. But, mistakes do happen to some people from time to time. That's why I hope it happens on rare occassions if it is to happen at all.

'Nuff said on my part. I gotta get to bed before hunting tomorrow!

[Riverratpete]

Just to put this particular situation to bed..here are the facts since I witnessed it from maybe 100 yeards away...clear, sunny and the Swans were making their second pass..now the drugs?...don't know anything about that but dang!..someones going down hard if it were the same guys. Guess we've beat this horse to death.

[schr0563]

I was chasing pheasants this past Saturday on a farm that borders Tiger Lake in Norwood/Young America when I think I witnessed a swan being shot. I just happen to look out over the lake as one bird of a group of three fell from the sky. The two that kept flying were swans, without a doubt. They even circled over the area for a while (possibly looking for the one that was shot?). Unfortunately, I didn't ID the bird that was shot, and it happened so fast that I can't say for sure it wasn't a goose flying along with two swans.

Either way, it certainly made me feel uneasy to stand there and witness that. A call to TIP was the first thing I thought of, it's just too bad that I didn't have my phone with me.